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2025 DIGILAW 713 (TS)

G. Lalitha Devi v. State of Telangana

2025-05-28

NAGESH BHEEMAPAKA

body2025
ORDER : (NAGESH BHEEMAPAKA, J.) This writ petition seeking the following prayer: “…to declare the inaction of the 3 and 4 Respondent not taking action against the complaint petition dated 07.03.2025 and 10.03.2025 regarding the deviation to the sanction plan unauthorized construction at premises No.12-1-352, 12-1-336 and 12-1-337 situated at Lalapet, Secunderabad (subject property) vide show cause Notice No.UC9857/TPS/C-29/SBZ/GHMC/2025 issued dated 19.03.2025 and the petitioner have approached the deputy commissioner circle No.29, Secunderabad, GHMC for personal hearing on 25.03.2024 at 3.30 pm and submitted the written representation along with relevant documents for further verification after that the respondent No.4 issued the second show cause notice UC9857/TPS/C29/SBZ/GHMC/2025 on dated 25.04.2025 by stating whereas in the reference 7 th cited have submitted reply to the above said show cause notice and also appeared for personal hearing wherein you have stated that “to stop the abstraction and construction and requested to wait for physical survey to conduct within a short period of time.” Even though the respondent No.5 construction is going on without following the due process of law which is illegal.” 2. Heard D.Bhaskar Yadav, learned counsel for the petitioner and Mr.G.Madhusudhan Reddy, learned standing counsel for GHMC appearing on behalf of respondent Nos.2 to 4. 3. It is the case of the petitioner that she along with Smt.Konda Aruna are the absolute owners and possessors of House bearing Nos.12-1-336 and 12-1-337 admeasuring 168 sq.yds., Lalapet, Secunderabad having acquired the same through registered partition deed vide Doc.No.1944 of 1999 dated 06.11.1999. While things stood thus, respondent No.4 issued show cause notice dated 19.03.2025 to respondent No.5 and granted 15 days time calling for explanation as to why the unauthorized constructions shall not be removed. It is further stated that even after issuance of the said show cause notice, respondent No.5 has been proceeding with the construction work violating the petitioner’s easement rights and blocking their passage way. It is further stated that the petitioner has submitted representations on 07.03.2025 and 10.03.2025 to respondent authorities regarding the deviation in constructions made by respondent No.5 and inaction of respondent authorities in taking action against respondent No.5 in not submitting explanation to the show cause notice dated 19.03.2025. Aggrieved by the said inaction of the respondent authorities, the present writ petition is filed. 4. Aggrieved by the said inaction of the respondent authorities, the present writ petition is filed. 4. Considered the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondent Nos.2 to 4 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought in this writ petition issuance of notice to respondent No.5 is dispensed with. 5. In view of the submissions made by the learned counsel for the respective parties and since it is stated that the petitioner has submitted representations to the respondent authorities and show cause has also been issued to respondent No.5, this Court is of the opinion that the ends of the justice would be met if respondent authorities are directed to conduct enquiry on the representations, dated 07.03.2025 and 10.03.2025 submitted by the petitioner as expeditiously as possible after issuing notice to respondent No.5, initiate action strictly in accordance with law. 6. With the above observations, this writ petition is disposed of. There shall be no order as to costs. 7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.